Voter ID poses obstacle for some transgender Hoosiers

For an estimated thousands of Hoosiers, voting is not just a constitutional right — it is also a potentially perilous encounter that forces them to out themselves as transgender.

Indiana law requires voters to show government-issued identification, such as a driver’s license, at the polls. But some transgender people may have names, genders or photos on their IDs that don’t match their gender identity. In other words, they may look different from the photo on their ID, or they may go by a different name.

On one side of the table, transgender people may feel nervous that poll workers might not believe their identity, making a scene or even turning them away from voting. On the other, poll workers are tasked with verifying the eligibility of voters.

Advocates fear unfamiliarity with transgender people could present obstacles to obtaining ballots in an election year when transgender rights are under fire, and biases against transgender people have become more public.

There’s no guidance from state election officials to navigate this situation, according to the Indiana Secretary of State communications director Valerie Warycha.

But in theory, she said, the interaction between transgender voters and poll workers should not be so fraught.

Tippecanoe County clerk Christa Coffey said poll workers are looking at four items on the ID: the voter’s name, the voter’s picture, an expiration date and confirmation that it is a government-issued ID.

She said assuming the transgender person resembles the person on the ID, it should not be a problem.

Coffey advises that transgender persons who legally changed their name need to update their voter registration. They have until Tuesday to make those changes.

She also said that if the name on the ID doesn’t match the name on the registration, there may be a problem that will have to be sorted out. But if the name is similar, such as Jim and James, there shouldn’t be a problem.

​The state has no records of complaints in the last five years from transgender people being challenged at the polls, Warycha said.

Transgender people, of course, have been voting for years. Still, there’s room for confusion, and advocates worry that some transgender people avoid voting because of the risk of being outed.

“It’s that forced outing that keeps a lot of people from doing things that require them to show an ID,” said Kit Malone, a transgender educator with Freedom Indiana, an advocacy group for lesbian, gay, bisexual and transgender people. “Any time I have to do that, I become nervous that someone is going to make a big deal about it.”

Malone hasn’t had problems with voting in person, because she said her ID photo resembles her appearance. But, in other situations, she said people have called attention to her old name and the gender she was assigned at birth still listed on her ID.

Especially in more rural parts of the state, she worries local poll workers may not understand the importance or care about interacting respectfully with transgender people.

“It’s really important to us that in this election, we make sure our interests are represented,” Malone said. “Every one of us counts.”

Many transgender people may choose to vote by absentee ballot to avoid any problems, or vote early as Malone plans to do.

“Voting while trans means some of us are told we aren’t who we say we are,” actress Laverne Cox explained in a video from the National Center for Transgender Equality.

About 5,000 Hoosiers may not have IDs that accurately reflect their gender identities — about one-third of the state’s transgender population, estimated the Williams Institute, a think tank on sexual orientation and gender identity law and public policy at the University of California, Los Angeles.

Changing names takes a legal process that carries costly fees and amendments to Social Security documentation before obtaining a new state-issued ID. Changing gender markers also requires a physician’s statement.

State officials encourage voters to maintain current IDs, including photos. If your name has changed, you can also complete a form to change your voter registration record at the polls.

For example, in last May’s primary election, the Marion County Clerk’s Office said poll workers helped a transgender woman update her voter registration to reflect her new legal name — and then she cast her ballot.

Tips for poll workers: Poll workers can ask voters what pronouns to use, or stick using to the person's first name or the pronouns "they/them/theirs," according to a guide from the American Civil Liberties Union of Indiana, Freedom Indiana and the League of Women Voters. Apologize if you make a mistake with pronouns, and when you learn about a person's gender identity, keep it private.

Tips for transgender voters: The name and address that you use to register to vote must match the name and address on your driver’s license or other state-issued photo ID. People who feel unsafe interacting with poll workers in their neighborhood polling place on Election Day have options to vote absentee or vote early, from Oct. 12 to Nov. 7, at the offices of their local county board of elections. Anyone who encounters issues at the polls can call the toll-free Hoosier Voter Hotline at 1-866-IN1-VOTE (461-8683).

Register to vote: Hoosiers can register at indianavoters.com or at their county office. The deadline to register for the general election is Oct. 11. To be eligible, you must be a U.S. citizen and Indiana resident; be at least 18 years of age by Nov. 8; not be in prison after being convicted of a crime; and live in the precinct where you will vote for at least 30 days before the election.